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SEC staff gives guidance on how securities laws could apply to crypto

US Securities and Exchange Commission staff have given guidance on how federal securities laws could apply to crypto, saying companies issuing or dealing with tokens that could be securities should give better details about their business.

The SEC’s Division of Corporation Finance said in a staff statement on April 10 that it was giving its views “to provide greater clarity on the application of the federal securities laws to crypto assets.” 

The Division said its statement was made of observations of disclosures given in existing disclosure requirements and “addresses our views about certain specific disclosure questions that market participants have presented to the staff.”

The guidance, which the Division noted had “no legal force or effect,” said crypto companies who are giving disclosures about their business have typically shared a host of information about their operations, such as what the company specifically does, how any issued tokens work and how the business generates — or intends to generate — revenue.

Companies have also disclosed whether they plan to remain engaged in a crypto network or app after they launch it and, if not, whether any other entities will take over.

Crypto firms should also explain their technology, such as if their product is a proof-of-work or proof-of-stake blockchain, its block size, transaction speed, reward mechanisms, the measures to ensure network security and whether the protocol is open-source or not.

The SEC staff also noted that registration or qualification is not required in connection with crypto offerings that aren’t securities and aren’t part of an investment contract. However, the statement didn’t provide clarity on what digital assets could be securities.

Commercial litigator Joe Carlasare told Cointelegraph the statement was “a welcome and refreshing step toward clearer regulatory guidance.”

“Adhering to the guidelines will help entities not only position themselves more favorably with regulators but also demonstrate a commitment to transparency and credibility,” he said.

Crypto firms should share all risks

The SEC staff statement said that issuers usually clearly disclose risks related to price volatility, network and cybersecurity vulnerabilities, and custody risks, in addition to standard business, operational, legal and regulatory risks.

A “materially complete description” of a security is also typically required from an issuer, which includes the mechanism behind paying dividends, distributions, profit-sharing and voting rights, including how those rights are enforced.

Related: No crypto project has registered with the SEC and ‘lived to tell the tale’ — House committee hearing

It added a company should share if a protocol’s code can be modified, and if so, who can make such changes and whether the smart contracts involved have been subjected to a third-party security audit.

Other disclosures the statement mentioned are whether the token’s supply is fixed and how it was or will be issued along with identifying executives and “significant employees.”

The Division said its guidance intended to build on the SEC’s Crypto Task Force, which is planning to host a series of roundtables with the crypto industry to discuss how it should police crypto trading, custody, tokenization and decentralized finance.

Magazine: SEC’s U-turn on crypto leaves key questions unanswered

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Farage has ‘grabbed the mic’ to dominate media agenda, says Harman

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Farage has 'grabbed the mic' to dominate media agenda, says Harman

Nigel Farage has successfully exploited the Commons recess to “grab the mic” and “dominate” the agenda, Harriet Harman has said.

Speaking on Sky News’ Electoral Dysfunction podcast, the Labour peer said that the Reform UK leader has been able to “get his voice heard” while government was not in “full swing”.

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Mr Farage used a speech this week to set himself, rather than Kemi Badenoch’s Tories, up as the main opposition to Sir Keir Starmer at the next election.

The prime minister responded on Thursday with a speech attacking the Clacton MP.

Baroness Harman said: “It’s slightly different between opposition and government because in government, the ministers have to be there the whole time.

“They’ve got to be putting legislation through and they kind of hold the mic.

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“They can dominate the news media with the announcements they’re making and with the bills they’re introducing, and it’s quite hard for the opposition to get a hearing whilst the government is in full swing.

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‘Big cuts’ to fund other Reform UK policies

“What we used to do when we were in opposition before 1997 is that as soon as there was a bank holiday and the House was not sitting, as soon as the half-term or the summer recess, we would be on an absolute war footing and dominate the airwaves because that was our opportunity.

“And I think that’s a bit of what Farage has done this week,” Harman added.

“Basically, Farage can dominate the media agenda.”

She went on: “He’s kind of stepped forward, and he’s using this moment of the House not sitting in order to actually get his voice heard.

“It’s sensible for the opposition to take the opportunity of when the House is not sitting to kind of grab the mic and that is what Nigel Farage has done.”

But Baroness Harman said it “doesn’t seem to be what Kemi Badenoch’s doing”.

She explained that the embattled leader “doesn’t seem to be grabbing the mic like Nigel Farage has” during recess, and added that “there’s greater opportunity for the opposition”.

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Crypto staking on proof-of-stake blockchains not a security: SEC staff

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Crypto staking on proof-of-stake blockchains not a security: SEC staff

Crypto staking on proof-of-stake blockchains not a security: SEC staff

SEC Commissioner Hester Peirce has backed the guidance, saying it gives clarity to stakers, while her peer Caroline Crenshaw claims it ignores existing laws.

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NYC cops linked to crypto torture case put on modified duties: Report

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NYC cops linked to crypto torture case put on modified duties: Report

NYC cops linked to crypto torture case put on modified duties: Report

Two NYPD detectives allegedly linked to a crypto torture case in Manhattan have been placed on modified duties as the investigation unfolds, according to multiple reports.

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